South Carolina Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment

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The federal benefits that are exempt from garnishment include:


" Social Security Benefits

" Supplemental Security Income (SSI) Benefits

" Veterans' Benefits

" Civil Service and Federal Retirement and Disability Benefits

" Military Annuities and Survivors' Benefits

" Student Assistance

" Railroad Retirement Benefits

" Merchant Seamen Wages

" Longshoremen's and Harbor Workers' Death and Disability Benefits

" Foreign Service Retirement and Disability Benefits

" Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.

" Federal Emergency Management Agency Federal Disaster Assistance.


Other exempt funds include:


" unemployment income,

" some social security disability income payments,

" some workman's compensation payments, and

" some joint account funds if the account is held by spouses as tenants by the entirety and the judgment is against only one spouse.


Even if the bank account is in just your name, there are some types of funds that are considered "exempt" from debt collection under state or federal law. The rationale behind these laws is to allow people to preserve the basic necessities for living. Exempt funds remain exempt when deposited in checking, savings or CD accounts so long as they are readily available for the day to day needs of the recipient and have not been converted into a "permanent investment."

A South Carolina Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal document filed by a defendant in a garnishment proceeding. This motion aims to request the court to discharge or quash the writ of garnishment issued against them and to declare certain funds exempt from garnishment according to South Carolina law. In South Carolina, there are several types of motions related to the discharge or quashing of a writ of garnishment and the exemption of funds. These include: 1. Motion to Discharge or Quash Writ of Garnishment: This motion is filed by the defendant to challenge the validity of the writ of garnishment issued against them. They may argue that the garnishment was improperly served, that they are not the judgment debtor, or that the garnishment violates their rights under South Carolina law. 2. Motion to Declare Funds Exempt from Garnishment: This motion is submitted by the defendant to request the court to declare certain funds exempt from garnishment. In South Carolina, various types of income, such as wages, public benefits, retirement benefits, and child support, are typically exempt from garnishment up to certain thresholds defined by law. The defendant must provide evidence to support their claim that the funds are exempt. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This notice is typically filed in conjunction with the motion to declare funds exempt from garnishment. It serves as a formal communication to the court and the creditor, notifying them of the defendant's intent to seek the exemption of specific funds and providing the applicable legal basis for the exemption. When drafting a South Carolina Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, it is crucial to include the following relevant keywords: — SoutCarolinain— - Motion to Discharge - Motion to Quash — Wrigarnishmenten— - Notice of Motion — Funds Exe—pt - GarnishmenExemption—o— - Legal Basis — Income Exempt—on - AsseExemptionio— - Invalid Service — Judgment Deb—or - Violation of Right— - Public Benefits — Child Supp—rt - Retirement Benefit— - Thresholds — SupportEvideeeeeeeeence.ence

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FAQ

South Carolina state law prohibits creditors from garnishing your wages to collect past-due consumer debts like credit card debt or medical bills. Wage garnishment is only allowed when you owe money to the state or federal government or you owe money for child or spousal support.

In South Carolina, judgment exemptions generally apply to a person's personal property and their homestead. Legally, a creditor cannot seize any of these exempt assets if they have a value below the threshold set by the law, essentially making a debtor judgment proof despite the existence of some known assets.

? In S.C. a wage garnishment occurs when your employer (the garnishee) withholds a portion of your paycheck in compliance with a statute or court order requiring payment to a third party. ? A S.C. employer should only honor a garnishment order from a S.C. court, not from the court of any other state.

Residents of South Carolina fall under the Federal Debt Collections Protection Act, which prohibits collection agencies from harassing borrowers or using unfair or misleading tactics to collect debts.

A judgment debtor can best protect a bank account by using a bank in a state that prohibits bank account garnishment. In that case, the debtor's money cannot be tied up by a garnishment writ while the debtor litigates exemptions.

What States Prohibit Bank Garnishment? Bank garnishment is legal in all 50 states. However, four states prohibit wage garnishment for consumer debts. ing to Debt.org, those states are Texas, South Carolina, Pennsylvania, and North Carolina.

The state of South Carolina is one of four states that does not permit wage garnishment. However, state law does permit creditors to pursue garnishment against your bank account, effectively freezing your assets.

Garnishment generally prohibited In general, South Carolina law prohibits most private parties from garnishing your wages for consumer debt. As a result, most creditors cannot seek garnishment of your wages for credit card debts, purchases of goods on store credit, cash advances and other forms of consumer debt.

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The usual mode of attacking a garnishment directly is by a motion to quash or discharge the writ. This form is a generic motion and adopts the "notice pleadings ... A motion to quash the writ of garnishment asks the judge to nullify its order, to a garnishee, of seizure or attachment of property of a defendant. So it sounds ...Motion—To quash, vacate, or discharge writ of garnishment in aid of execution—By judgment debtor (Fed. R. Civ. P. 7(b), 69(a)) | Secondary Sources | Westlaw. Learn how to file a Claim of Exemption to protect your money or property that is “exempt” (protected) and can't be taken to from you to pay a judgment. Sep 22, 2023 — The library cannot help you fill out forms. On this page: Forms from the South Carolina Judicial Department The library organized a list of all ... A S.C. employer should only honor a garnishment order from a S.C. court, not from the court of any other state. Wages can be garnished only when money is ... by CJ Nabit · 1980 · Cited by 2 — Garnishment in Virginia is the process whereby a judgment creditor enforces the lien of a writ of fiert factass against any debt or property due the judgment ... Dec 1, 2016 — (c) the plaintiff or the garnishee has tried diligently to give notice of the action to the defendant but could not do so. (3) ANSWER. (a) ... Instead, it must first sue you and get a judgment against you from a court. Once that happens, then the judgment creditor must file papers with the court to ... In a law garnishment, garnishee must answer whether it owes, or has in its possession effects of, nonresident defendant, and also whether it knows or believes ...

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South Carolina Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment